Texas law provides that if you violate the terms of a protective order issued on the basis of domestic violence, sexual assault, or stalking, you commit the crime of Violation of a Protective Order. Protective orders typically contain standard provisions related to the safety of the victim. If you are accused of violating any of these provisions, then you could face charges for violating a protective order. Some of the standard provisions that may result in violations of a protective order include the following:
· Committing family violence, human trafficking, sexual assault, or stalking
· Communicating in a threatening or harassing manner, whether directly to the person or indirectly through another person
· Communicating with the victim in any manner (if the order prohibits all forms of communication)
· Going to or near the home, workplace, childcare facility, or school of a protected person or a member of his or her household
· Possessing a firearm
· Interfering with an animal in the possession of a protected person
· Tampering with a global positioning monitoring system
The violation of most protective order provisions are Class A misdemeanor crimes, which can result in up to one year in jail and a fine of up to $4,000. However, if you commit a new assault or stalking offense while a protective order is already in place, you could be charged with a third degree felony, which can result in two to ten years of incarceration in a state penitentiary and a fine of up to $10,000. Repeated protective order violations also are felonies under Texas law; two or more violations of a protective order in a 12-month period can result in a third degree felony charge, or Repeated Violation of a Protective Order.
The criminal defense lawyers of Peek & Toland have handled the legal defense of countless individuals who are facing criminal charges, including charges of violating a protective order. We are here to protect your rights and advocate on your behalf in order to get the best outcome possible in your case. Call our office today at (512) 474-4445 to set up an appointment with our criminal defense attorneys today.